EB-1A Approval — Senior IT Engineer Retaining Prior EB-2 Priority Date
This I-797 Notice of Action is from an actual case handled and approved by Song Law Firm. All client personal information (name, A-number, receipt number, address, date of birth, etc.) has been fully redacted.
Case Overview
A senior engineer at a Fortune 500 IT company in New Jersey. The client previously held an approved EB-2 I-140 and a retained priority date, but due to visa-bulletin backlogs for China/India-born applicants, could not file I-485. The engineer’s career then advanced to EB-1A eligibility.
Key Issue
Upgrading from EB-2 to EB-1A is a common strategy, but priority-date retention is sometimes applied inconsistently across USCIS examiners. EB-1A also waives the PERM labor certification but imposes a higher evidentiary standard.
Song Law Firm’s Strategy
Song Law Firm (1) expressly cited 8 CFR 204.5(e) priority-date retention in the EB-1A petition, (2) attached the prior EB-2 I-140 Approval Notice as Exhibit, (3) demonstrated 5 of 10 EB-1A criteria (publications, talks, judging, awards, leadership), and (4) concurrently filed I-485 Adjustment of Status to secure permanent residence.
Result
EB-1A I-140 approved, prior EB-2 priority date retained, and I-485 approved—permanent residence secured. Total timeline about 14 months with Premium Processing.
Lessons Learned
For EB-2 I-140 holders upgrading to EB-1A, retained priority dates are strategically valuable. Explicit citation and exhibit attachment prevent examiner confusion. However, retention alone is not enough; the EB-1A merits must be fully proven on their own.
Contact Song Law Firm
- Phone: (201) 461-0031
- Email: mail@songlawfirm.com
- Website: songlawfirm.com
- Offices: New Jersey · New York · Georgia · Texas · Massachusetts
Disclaimer: This article is an anonymized summary of a case handled by Song Law Firm, provided for general informational purposes on U.S. immigration law. Outcomes vary based on individual facts and applicable law. For your specific case, consult a qualified attorney directly. Prior results do not guarantee similar outcomes. Compliant with NJ Rules of Professional Conduct 7.1.
